Heard learned counsel for the applicant, Sri Diwakar Singh, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 15.5.2019 (after 12 days of incident) by the informant against five accused persons namely, Naman Dixit, Vinod Kumar Dixit, Sudha Devi, Anshu Dixit and Adarsh Dixit alleging that the marriage of deceased Nidhi Awashthi @ Subhi Awashthi was solemnized with Naman Dixti before one and half months, they demanded dowry as four wheeler from the deceased for which the deceased was being tortured by them and on 3.9.2019 they killed her. According to postmortem report, cause of death was found asphyxia due to antemortem hanging and hyoid bone was found NAD.
It is submitted by learned counsel for the applicant that applicant is lady and mother-in-law. The applicant is innocent and has been falsely implicated in the present case. There is general allegations against the applicant. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present matter. She has no concern with the demand of dowry and she is not beneficiary of the same. Applicant has no concern with deceased and her husband. Deceased has committed suicide herself, reasons better know to her and her husband. The case of applicant is distinguishable from co-accused Naman Dixit (husband of deceased). At the time of inquest, postmortem and cremation, complainant and his family members were present. She is languishing in jail since 5.10.2019 (near about two and half months) having no criminal history and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Sudha Dixit involved in Case Crime No. 467 of 2019, under Sections 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act, P.S. Misrikh, District Sitapur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2.The applicant will not pressurize/ intimidate the prosecution witness.
3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.
5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 18.12.2019 A. Singh